GENERAL TERMS AND CONDITIONS
R - stick Bořivoj Rektořík
with registered office at Vysoké Studnice 70, 58821 Velký Beranov, Czech Republic
identification number: 10120076
entered in the trade register kept by the City of Jihlava
for the sale of goods through an online store located at www.rstick.com
1. INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as “business conditions”) of R - stick Bořivoj Rektořík, with its registered office at Vysoké Studnice 70, identification number: 10120076, (hereinafter referred to as the “seller”) are regulated in accordance with Article 1751 (1) of Act No. 89. / 2012 Coll., Civil Code, as amended (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter "purchase contract") concluded between the seller and another natural person ( hereinafter referred to as the "Buyer") through the seller's online store. The internet shop is operated by the seller on a website located at the internet address www.rstick.com (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").
1.2. The business conditions also apply to cases where the person who intends to purchase goods from the seller is a legal entity or natural person who acts when ordering goods in the course of their business or in the course of their independent profession. (hereinafter referred to as the "Customer")
1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.6. By placing a binding order, the Buyer confirms that he accepts the Business Conditions announced by the Seller. The conditions are also an integral part of the order when requesting payment by invoice with delivery of goods before its payment and making a binding order, the buyer unreservedly confirms his agreement with these conditions.
2. USER ACCOUNT
2.1. Based on the registration of the buyer made on the website, the buyer or the customer can access their user interface. From its user interface, the buyer or customer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer or customer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer or customer is obliged to state all data correctly and truthfully. The buyer or customer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer or customer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer or customer is not entitled to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer has not used his user account for more than 5 years, or if the buyer or customer violates its obligations under the purchase agreement (including business conditions).
2.6. The buyer or customer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods provided in the web interface of the store is valid only in cases where the goods are delivered within the territory of the European Union.
3.4. To order goods, the buyer or customer fills in the order form in the web interface of the store. The order form contains in particular information about:
- 3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
- 3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
- 3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.5. Before sending the order to the seller, the buyer or customer is allowed to check and change the data he entered in the order, even with regard to the possibility of detecting and correcting errors that occurred when entering data into the order. The buyer or customer sends the order to the seller by clicking on the "send" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer or customer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer or customer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer or customer by e-mail to the buyer's e-mail address.
3.8. The buyer or customer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, costs of telephone calls) shall be borne by the buyer or the customer or the customer himself, these costs not differing from the basic rate.
4. SPONSORSHIP AGREEMENT - ENDORSEMENT
4.1. The buyer and the seller may enter into a sponsorship agreement - endorsement, where the seller provides an advantage to the buyer in the form of a special discount and the buyer provides the seller with support, advertising and promotion. The exact terms of the endorsement may be set out in a separate contract. If one of the parties wishes to terminate the contract, it must terminate. The notice period is 3 months and starts on the day of delivery of the notice
4.2. If a sponsorship agreement is not drawn up between the parties, all relations between the two entities are governed by these conditions, and at the same time the first delivery of goods under sponsorship, considered as sponsorship or with a sponsorship discount is considered the creation of a sponsorship agreement between seller and buyer.
5. PRICE OF GOODS AND PAYMENT TERMS
5.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer or customer may pay the seller in the following ways available and displayed in the store interface:
- - in cash at the seller's premises;
- - in cash on delivery at the place specified by the buyer in the order;
- - cashless transfer to the seller's account (hereinafter referred to as the "seller's account");
- - cashless through the payment system;
- - cashless payment card;
5.2. Along with the purchase price, the buyer or customer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
5.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
5.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.
5.5. In the case of non-cash payment, the buyer or customer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
5.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
5.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
5.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. Tax document - the seller issues an invoice to the buyer after payment of the price of the goods and provides it for download in the customer interface of the store. At the request of the buyer, it will send it in electronic form to the buyer's email address.
5.9. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer if he is registered in the EET system. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
6. WITHDRAWAL FROM THE PURCHASE AGREEMENT IN THE CASE OF THE BUYER
6.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person. However, the seller can accept this withdrawal only on the basis of good will.
6.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14 ) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller's office or to the seller's e-mail address published in the contact information of the store.
6.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
6.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
6.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
6.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, in cash to the account designated by the buyer.
7. WITHDRAWAL FROM THE PURCHASE OR SPONSORSHIP AGREEMENT IN THE CASE OF THE SELLER
7.1. The seller is entitled to withdraw from the contract in the event of a gross breach of contract or in cases stipulated by the Civil Code. In the event of withdrawal from the contract due to gross breach of contract, the buyer undertakes to return to the seller all the goods taken and further pay in favor of the seller a cancellation fee of 50% of the purchase price of unpaid goods.
7.2. The following shall be considered a gross breach of contract, except in the cases specified in the Civil Code and within the meaning of these conditions:
- 7.2.1. Failure to pay the price for the delivered goods within 30 days after the due date in parallel with the sending of the reminder.
- 7.2.2. Transition to a competing company without termination of the sponsorship agreement, or during the notice period.
- 7.2.3. Failure to comply with or violation of the conditions set out in the sponsorship agreement.
- 7.2.4. Labeling the seller as a person promoting xenophobic views, fascism, Nazi ideology, and any hateful ideology that suppresses and restricts human rights.
8. TRANSPORTATION AND DELIVERY OF GOODS
8.1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer or customer bears the risk and any additional costs associated with this mode of transport.
8.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer or customer is obliged to take over the goods upon delivery.
8.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer or customer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
8.4. Upon receipt of the goods from the carrier, the buyer or customer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer or customer does not have to take over the shipment from the carrier. This does not affect the rights of the buyer from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
8.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
9. RIGHTS FROM DEFECTIVE PERFORMANCE
9.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
9.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer or customer took over the goods:
- 9.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or manufacturer or which the buyer or customer expected with regard to the nature of the goods and the advertising made by them,
- 9.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
- 9.2.3. the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
- 9.2.4. the goods are in the appropriate quantity, measure or weight; and
- 9.2.5. the goods comply with the requirements of legal regulations.
9.3. The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist.
9.4. The provisions set out in Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the buyer or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if the buyer or customer knew before taking over the goods that the goods have a defect, or if the buyer caused the defect himself.
9.5. The rights arising from liability for defects in the goods apply to the seller. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint.
9.6. The buyer may specifically exercise the rights arising from liability for defects of the goods, in particular in person at the address and contacts listed on the store's website.
9.7. The buyer shall inform the seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice without the consent of the seller.
9.8. If the goods do not have the properties specified in Article 7.2 of the Terms and Conditions, the buyer may also request the delivery of new goods without defects, if this is not disproportionate due to the nature of the defect. The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, he may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.
9.9. Whoever has the right according to § 1923 of the Civil Code, is also entitled to reimbursement of costs expediently incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be alleged, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.
9.10. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
10. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
10.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
10.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
10.3. Consumer complaints are handled by the seller via the electronic address provided in the store interface. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
10.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
10.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Online Consumer Dispute Resolution Regulation).
10.6. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
10.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
11. PROTECTION OF PERSONAL DATA
11.1. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller's public law obligations.
12. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
12.1. Pursuant to the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to send commercial communications by the Seller to an electronic address. or to the telephone number of the buyer. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a special document.
12.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
13. DELIVERY
13.1. It can be delivered to the buyer to the buyer's email address.
14. PENALTIES PROVISIONS
14.1. In case of violation of the provisions 7.2.1 of these conditions - non-payment of the purchase price in time, the seller and the customer agree on a contractual penalty in the amount of CZK 3,000 for the first day of delay and 0.25% of the purchase price for each additional day of delay. The seller and the customer agree on a contractual penalty in the amount of CZK 5,000 for the first day of delay and 0.5% of the purchase price for each subsequent day of delay.
14.2. In violation of provisions 7.2.2 and 7.2.3 of these conditions, both parties agree on a contractual penalty of CZK 15,000 and return of the sponsorship gift in the amount provided, or settlement of the monetary value of the provided sponsorship from the beginning of the sponsorship agreement. and balances the seller.
14.3. In case of violation of the provisions of 7.2.4 of these conditions, both parties agree on a contractual penalty in the amount of CZK 35,000
14.4. Outside the scope of the contractual penalty, the seller is obliged to reimburse the buyer for all subsequent damages caused by non-payment of the purchase price and all costs incurred in resolving the dispute and enforcing all performance arising from this contract.
14.5. If it is not possible to return the goods upon withdrawal from the contract in their original condition or quantity, the buyer or customer is to provide monetary compensation in the amount of the purchase price of the goods on the day of purchase.
15. OTHER PROVISIONS
15.1. Sending unsolicited advertising from third parties to the seller is charged at CZK 500, and by sending an unsolicited message, the sender agrees to this amount.
15.2. Telephone offering of shares, investment opportunities, acquaintance with the company's activities, energy offers and other offers not related to the seller's activities are charged at CZK 500, and by making a telephone call, the calling third party agrees to this amount.
15.3. The provisions of points 15.1 and 15.2 are subject to all contacts published on the store's website and as such are considered company contacts intended for communication with customers.
16. FINAL PROVISIONS
16.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the buyer or consumer who is a consumer of the protection afforded to him by the provisions of the law which cannot be derogated from by contract and which would otherwise apply under Article 6 (1) in the absence of choice of law. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
16.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
16.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
16.4. The contact details of the seller are always listed on the e-shop website: the delivery address is R - stick, B. Rektořík, V. Studnice 70, 58821 V. Beranov, e-mail address infostick.com, telephone 777912491, data box fjs73mr.